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Pay & Leave Claim Decisions

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Office of the General Counsel

S9700781

Dear Ms. [xxx]:

This concerns your claim that you should have accrued 16 hours of annual leave and 16 hours of sick leave while you were on leave without pay for the purpose of receiving workers' compensation benefits. Your claim is denied for the reasons stated below.

The Federal Employees' Compensation Act, at 5 U.S.C. 8116(a) provides that, except for the payments specifically described in subsection (a), an employee who is receiving disability compensation under the Act may not simultaneously receive salary, pay, or remuneration of any type from the United States. The exceptions to the statutory bar on simultaneous payment of remuneration and compensation benefits do not include annual leave or sick leave. The right to annual leave and sick leave is a form of compensation. See 67 Comp. Gen. 418 (1988). Thus, an employee does not accrue sick leave or annual leave at the same time that he or she is receiving benefits under the Federal Employees' Compensation Act. John P. Mitchell, B-180010 and B-180010.12, March 18, 1979; Lee J. Gage, B-182078, January 6, 1975.

Accordingly, your claim is denied.

Sincerely,

Jo-Ann Chabot

Attorney-Advisor

Date: July 22, 1997Matter of: [XXX] File Number: S9700781

OPM Contact: Jo-Ann Chabot

[XXX] claims that she should have accrued 16 hours of annual leave and 16 hours of sick leave while she was on leave without pay for the purpose of receiving workers' compensation benefits.

The Federal Employees' Compensation Act, at 5 U.S.C. 8116(a) provides that, except for the payments specifically described in subsection (a), an employee who is receiving disability compensation under the Act may not simultaneously receive salary, pay, or remuneration of any type from the United States. The exceptions to the statutory bar on simultaneous payment of remuneration and compensation benefits do not include annual leave or sick leave. The right to annual leave and sick leave is a form of compensation. See 67 Comp. Gen. 418 (1988). Thus, an employee does not accrue sick leave or annual leave at the same time that he or she is receiving benefits under the Federal Employees' Compensation Act. John P. Mitchell, B-180010 and B-180010.12, March 18, 1979; Lee J. Gage, B-182078, January 6, 1975.